Legislation Passed October 20, 2009
The Tacoma City Council, at its regular City Council meeting of October 20, 2009, adopted the following
resolutions and/or ordinances. The summary of the contents of said resolutions and/or ordinances are
shown below. To view the full text of the document, click on the bookmark at the left of the page.
Purchase Resolution No. 37889
Awarding a contract to:
Goodyear Tire and Rubber, d.b.a. Wingfoot Commercial Tire Systems, LLC, in the amount
of $180,000, plus sales tax, for a cumulative total of $380,000, budgeted from various
departmental funds, to increase the contract for new tires on an as needed basis, for the
current contract period through February 28, 2010, and the two remaining one-year renewal
options ending February 28, 2012 – State of Washington Contract No. 00108.
Substitute Resolution No. 37890
Approving the sale of tax-exempt Water System Revenue Bonds 2009 Series A and
taxable Build America Bonds Series B, in a principal amount not to exceed $82,000,000, to
provide funds to finance or refinance costs of capital improvements to the water system.
Amended Resolution No. 37891
Approving the 2010-2011 biennial Funding Priorities Statement for the Annual Action Plan
of the City’s Consolidated Plan for Housing and Community Development.
Resolution No. 37892
Authorizing the execution of an amendment to the Agreement for Improvements Within the
ASARCO Tacoma Smelter Superfund Site Area Operable Unit 2 with Point Ruston, LLC,
for certain improvements within the ASARCO Tacoma Smelter Superfund Site.
Resolution No. 37893
Authorizing the sale of the former pole and storage yard property located on South 74th
Street, west of South Tacoma Way, to Michael Rigney.
Resolution No. 37894
Expressing support for the continuation of the Employee Wellness Program for City
employees and their families.
Page 2 - Recent Legislation for October 20, 2009
Resolution No. 37895
Expressing support for retaining the domestic partnership law and urging Tacoma voters to
vote “Approved” on Referendum 71 on the November 3, 2009, General Election ballot,
which reads as follows:
REFERENDUM 71
The legislature passed Engrossed Second Substitute Senate Bill 5688 concerning rights
and responsibilities of state registered domestic partners and voters have filed a sufficient
referendum petition on this bill. This bill would expand the rights, responsibilities, and
obligations accorded state-registered same-sex and senior domestic partners to be
equivalent to those of married spouses, except that a domestic partnership is not a
marriage. Should this bill be:
Approved ___
Rejected ___
Resolution No. 37896
Declaring the City Council’s intent to include $2.5 million in the 2009 Limited Tax General
Obligation Bonds for Area 2B infrastructure for the Salishan Redevelopment Project.
Resolution No. 37897
Authorizing the execution of the Master Utilities License Agreement with Sound Transit
relating to the City’s use of Sound Transit property.
Amended Substitute Resolution No. 37898
Authorizing the execution of the Development Agreement with Sound Transit for the
Lakewood to Tacoma commuter rail project.
Ordinance No. 27833
Authorizing the execution of a Right of Use Agreement with Sound Transit for its
nonexclusive use of specific City rights-of-way in relation to the development of the
Lakewood to Tacoma commuter rail project, located from East D Street to South M Street,
within the Tacoma City limits. (First reading was on September 15, 2009)
Ordinance No. 27841
Amending Chapter 8.27 of the Municipal Code, relating to the Park Code, by prohibiting
smoking in all city parks.
Ordinance No. 27842
Amending various chapters of Title 8 of the Municipal Code, relating to public safety and
morals, by updating and prescribing penalties, and updating and reorganizing theft and
theft related offenses, and offenses against property, to be consistent with state law.
RESOLUTION NO. 37889
1 A RESOLUTION related to the purchase of materials, supplies or equipment,
and the furnishing of services; authorizing the appropriate City officials to
2
enter into contracts and, where specified, waiving competitive bidding
3 requirements, authorizing sales of surplus property, or increasing or
extending existing agreements.
4
WHEREAS the City has complied with all applicable laws governing the
5
6
acquisition of those supplies, and/or the procurement of those services,
7 inclusive of public works, set forth in the attached Exhibit "A," which Exhibit is
8 incorporated herein as though fully set forth, and
9
WHEREAS the Board of Contracts and Awards has reviewed the
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proposals and bids received by the City, and the Board has made its
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recommendation as set forth in Exhibit "A," and
12
WHEREAS the Board of Contracts and Awards has also made its
13
14 recommendations as to entering into purchasing agreements with those
15 governmental entities identified in Exhibit "A"; Now, Therefore,
16 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
17
That the Council of the City of Tacoma does hereby concur in the
18
findings and recommendations of the Board of Contracts and Awards set forth
19
in the attached Exhibit "A," and does hereby approve and authorize the:
20
21 (X) A. Procurement of those supplies, services, and public works
22 recommended for acceptance in the attached Exhibit "A";
23 ( ) B. Rejection of those bids and/or proposals that are recommended
24
for rejection in the attached Exhibit "A";
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26
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LEG 004 (11/89)
( ) C. Entry into the proposed purchasing agreement with those
1
governmental entities identified in the attached Exhibit "A," which proposed
2
agreement is on file in the office of the City Clerk;
3
4 ( ) D. Waiver of competitive bidding procedures in those instances, as
5 set forth in Exhibit "A," in which it is impracticable to obtain supplies or public
6 works improvements by competitive bid, or in those instances in which supplies
7
and/or public works are available from a single source.
8
9 Adopted _ _ _ _ _ _ __
10
11
12 Mayor
Attest:
13
14
City Clerk
15
16 Approved as to form:
)~"'Y' ". (.1 ,/"-,,
17
18
(he' )~.
DepLrtY Cit~ Attorney
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20
21
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23
24
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LEG 004 (11/89)
EXHIBIT "A"
RESOLUTION NO.: 37889
ITEM NO.: _
_1 _ _ _ _ _ __
1 MEETING DATE: October 20, 2009
City 01 Tacoma
Public Works Department
DATE: September 18, 2009
TO: Board of Contracts and Awards
SUBJECT: Increase Contracts for New Tires
Budgeted from Various Individual Department Funds
State of Washington Contract No. 00108 (formerly 14900)
SAP Contract 4600002624 Wingfoot
Recommendation: Public Works - Fleet Services requests approval to increase SAP Contract
4600002624 to Goodyear Tire and Rubber/DBA-Wingfoot Commercial Tire Systems, LLC, Fife,
WA, by $180,000, plus applicable sales tax, to furnish new tires, on an as-needed basis, for the current
contract period ending February 28,2010, and the two remaining one-year renewal options ending
February 28,2012,. This increase will bring the contract to a cumulative amount of $380,000. Funding
for the optional two one-year renewals are subject to budget availability and to Washington State
contract renewal.
Explanation: The increases will continue to provide new Goodyear tires for police vehicles and
provide tires for other City vehicles and equipment when needed to match existing tires or when
Bridgestone/Firestone tires are not available under the Tire Distribution Systems, Inc. contract.
Competitive Bidding: This contract is based on State of Washington Contract No, 00108 and
includes the tires to be purchased. In January 2008, Contract No. 00108 replaced the Washington
State Contract No. 14900. Through an interlocal cooperative purchasing agreement, the City of
Tacoma purchases will be at state contract prices, terms, and meet competitive bidding requirements.
Contract History: The Wingfoot Commercial Tire Systems contract was originated in May 2005 in the
amount of $40,000 through March 31, 2007. This increase will bring the contract to a cumulative
amount of $380,000, plus sales tax, for the period April 1, 2005 through February 28, 2012. This is the
tenth amendment to the contract. This is the second of four renewals allowed under this contract.
Between March and August 2007, the contract was administratively increased by a total of $10,000 and
extended through August 31, 2007. The contract was renewed through February 28,2008, and
increased by $95,000 on Council Resolution 37320 of November 6,2007. The contract was
administratively renewed in February 2008 through February 28,2009 and then Increased by $16,000
in July 2008 by Council Resolution 37522. The contract was increased by $22,000 on Council
Resolution 37643 of November 4,2008 and administratively renewed and increased by $17,000 in
March of 2009.
Funding: Funds are available in the individual departments using the contracts. Funding beyond the
current biennium is subject to future availability of funds.
Project Engineer/Coordinator: Mike Clother, Fleet Purchasing Administrator, 253-591-5866.
~K!.ft~
Public Works Director
CC: Jeffrey Jenkins/Angela Ballard, PW/Facililies
Michele Tuong, TPUIUlilities Accounting
Jayne McCartney, TPU/Purchasing
Percy Jones, HUB
Peter Guzman, LEAP
_ Fred Chyn/Mike Clother/Mar;y Emery, Fleet Op(!rations
147 NlarRet Street, I~()()m 40B D'Iacoma, Wasnington DB402-:l76H II (25:3) 5H 1-5525 BFax: (25:l) 5HI-50fl7
www.cityortacoma. 0 l'g
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Req. #12394
SUBSTITUTE
RESOLUTION NO. 37890
A RESOLUTION relating to Tacoma Water; approving the sale of Water System
Revenue Bonds 2009 (Taxable Build America Bonds), in the amount of
$76,775,000.
WHEREAS the City Council (the “City Council”) of the City of Tacoma,
Washington (the “City”), by Substitute Ordinance No. 27837, passed on
October 13, 2009 (the “Bond Ordinance”), authorized the issuance and sale of
the City’s Water System Revenue Bonds, 2009, in the principal amount of not to
exceed $82,000,000 (the “Bonds”), and
WHEREAS it is in the best interest of the City that the Bonds be sold to
Citigroup Global Markets Inc. (the “Purchaser”) on the terms set forth in the
Bond Ordinance and this resolution; Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
Section 1. Definitions. Except as otherwise defined herein, capitalized
terms used in this resolution have the meanings set forth in the Bond
Ordinance.
Section 2. Terms of Bonds. The Bonds shall be issued in one series
designated as Build America Bonds and shall be named the Water System
Revenue Bonds, 2009 (Taxable Build America Bonds – Direct Payment) and
issued in the aggregate principal amount of $76,775,000 (the “Bonds”). The
Bonds shall mature on the date and in the principal amount and at the interest
rate as follows:
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res12394sub.doc-BF/lad Bond
Maturity Date
(December 1) Principal Amount Interest Rate
2039 $ 76,775,000 5.751%
Interest on the Bonds shall be payable on June 1, 2010 and on each
December 1 and June 1 thereafter. The Bonds shall conform in all other
respects to the terms and conditions specified in the Bond Ordinance.
The Bonds are subject to optional redemption by the City prior to their
stated maturity date, in whole or in part (and if in part, pro rata), on any
business day, at the “Make-Whole Redemption Price,” plus accrued and unpaid
interest on the Bonds to be redeemed on the date fixed for redemption.
The “Make-Whole Redemption Price” is the greater of (i) 100% of the
principal amount of the Bonds to be redeemed and (ii) the sum of the present
value of the remaining scheduled payments of principal and interest on the
Bonds to be redeemed, not including any portion of those payments of interest
accrued and unpaid as of the date on which such Bonds are to be redeemed,
discounted to the date on which the Bonds are to be redeemed on a semi-
annual basis, assuming a 360-day year consisting of twelve 30-day months, at
the “Treasury Rate” (defined below) plus 30 basis points.
“Treasury Rate” means, with respect to any redemption date for a
particular Bond, the rate per annum, expressed as a percentage of the principal
amount, equal to the semi-annual equivalent yield to maturity or interpolated
maturity of the Comparable Treasury Issue, assuming that the Comparable
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Treasury Issue is purchased on the redemption date for a price equal to the
Comparable Treasury Price, as calculated by the Designated Investment
Banker.
“Comparable Treasury Issue” means, with respect to any redemption
date for a particular Bond, the United States Treasury security or securities
selected by the Designated Investment Banker which has or have an actual or
interpolated maturity comparable to the remaining average life of the Bond to be
redeemed, and that would be utilized in accordance with customary financial
practice in pricing new issues of debt securities of comparable maturity to the
remaining average life of the Bond to be redeemed.
“Comparable Treasury Price” means, with respect to any redemption
date for a particular Bond:
(1) the most recent yield data for the applicable U.S. Treasury
maturity index from the Federal Reserve Statistical Release H.15 Daily Update
(or any comparable or successor publication) reported, as of 11:00 a.m. New
York City time, on the Valuation Date; or
(2) if the yield described in (1) above is not reported as of such time
or the yield reported as of such time is not ascertainable, the average of four
Reference Treasury Dealer Quotations for that redemption date, after excluding
the highest and lowest of such Reference Treasury Dealer Quotations, or if the
Designated Investment Banker obtains fewer than four Reference Treasury
Dealer Quotations, the average of all quotations obtained by the Designated
Investment Banker.
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“Designated Investment Banker” means one of the Reference Treasury
Dealers appointed by the City.
“Reference Treasury Dealer” means each of four firms, specified by the
City from time to time, that are primary United States Government securities
dealers in the City of New York (each, a “Primary Treasury Dealer”); provided,
that if any of them ceases to be a Primary Treasury Dealer, the City will
substitute another Primary Treasury Dealer.
“Reference Treasury Dealer Quotations” means, with respect to each
Reference Treasury Dealer and any redemption date for a particular Bond, the
average, as determined by the Designated Investment Banker, of the bid and
asked prices for the Comparable Treasury Issue (expressed in each case as a
percentage of its principal amount) quoted in writing to the Designated
Investment Banker by such Reference Treasury Dealer at 3:30 p.m., New York
City time, on the Valuation Date.
Valuation Date” means the third business day preceding the redemption
date.
The Bonds are subject to redemption prior to their stated maturity date at
the option of the City, in whole or in part (and if in part, pro rata) upon the
occurrence of an Extraordinary Event (defined below), at a redemption price
(the “Extraordinary Redemption Price”) equal to the greater of: (i) the issue
price set forth on the cover page of the Official Statement (but not less than
100%) of the principal amount of such Bonds to be redeemed; or (ii) the sum of
the present value of the remaining scheduled payments of principal and interest
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res12394sub.doc-BF/lad Bond
to the maturity date of such Bonds to be redeemed, not including any portion of
those payments of interest accrued and unpaid as of the date on which such
Bonds are to be redeemed, discounted to the date on which such Bonds are to
be redeemed on a semi-annual basis, assuming a 360-day year consisting of
twelve 30-day months, at the Treasury Rate (described above) plus 100 basis
points; plus, in each case, accrued interest on such Bonds to be redeemed to
the redemption date.
An “Extraordinary Event” will have occurred if a material adverse change
has occurred to Section 54AA or 6431 of the Internal Revenue Code of 1986,
as amended (the “Code”) (as such Sections were added by Section 1531 of the
Recovery Act, pertaining to “Build America Bonds”) pursuant to which the City’s
35% cash subsidy payment from the United States Treasury relating to the
Bonds is reduced or eliminated.
The Bonds are Term Bonds and, if not optionally redeemed, purchased
or defeased in accordance with the Bond Ordinance, are subject to mandatory
redemption at a redemption price equal to 100% of the principal amount
thereof, plus accrued interest to the date fixed for redemption, and without
premium, on December 1 in the years and principal amounts as follows:
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res12394sub.doc-BF/lad Bond
Term Bonds
Year Principal Amount
2033 $ 9,800,000
2034 10,165,000
2035 10,545,000
2036 10,940,000
2037 11,345,000
2038 11,770,000
2039* 12,210,000
* Final Maturity.
If the City optionally redeems, purchases or defeases Term Bonds, the
par amount of the Term Bonds so redeemed, purchased or defeased shall be
credited against the scheduled mandatory redemption amounts pro rata for
those Term Bonds.
Section 3. Approval of Documents. The City hereby approves the
Official Statement for the Bonds that has been presented to the City and ratifies
its use in connection with the offering of the Bonds. The City further hereby
approves the sale of the Bonds to the Purchaser on the terms set forth in this
resolution and in its contract dated the date of this Resolution. The Finance
Director is hereby authorized to sign the bond purchase contract relating to the
Bonds.
Section 4. Application of Bond Proceeds. The proceeds of the sale of
the Bonds remaining after the deposit to the Reserve Account of the amount
necessary to fund the Reserve Account Requirement shall be deposited into the
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construction fund or funds as determined by the Director of Finance to be used
for the purpose of paying part of the costs of carrying out the Plan of Additions
and to pay costs of issuance of the Bonds.
The City officials, their agents, and representatives are hereby
authorized and directed to do everything necessary for the prompt issuance and
delivery of the Bonds and for the proper use and application of the proceeds of
the sale of the Bonds, including taking such actions as are necessary or
appropriate for the City to receive from the United States Treasury the
applicable federal credit payments in respect of the Bonds, including but not
limited to the timely filing with the Internal Revenue Service of Form 8038-CP –
“Return for Credit Payments to Issuers of Qualified Bonds.” The City hereby
approves the Calculation Agency Agreement with The Bank of New York Mellon
relating to the Bonds, and authorizes the Finance Director to sign such
agreement.
Section 5. Severability. The covenants contained in this resolution shall
constitute a contract between the City and the owners of each Bond. If any one
or more of the covenants or agreements provided in this resolution to be
performed on the part of the City shall be declared by any court of competent
jurisdiction to be contrary to law, then such covenant or covenants, agreement
or agreements, shall be null and void and shall be deemed separable from the
remaining covenants and agreements of this resolution and shall in no way
affect the validity of the other provisions of this resolution or of the Bonds.
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Section 6. Effective Date. This resolution shall be effective after its
passage as provided by law.
Adopted October 20, 2009
Mayor
Attest:
City Clerk
Approved as to form and legality:
FOSTER PEPPER PLLC
Bond Counsel to the City of Tacoma
By
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CERTIFICATE
I, the undersigned, Clerk of the City of Tacoma, Washington (the “City”),
DO HEREBY CERTIFY:
1. That the attached Resolution No. _____ (the “Resolution”), is a true
and correct copy of a resolution of the City, as finally adopted at a meeting of
the City Council of the City (the “City”) held on the 20th day of October, 2009,
and duly recorded in my office.
2. That said meeting was duly convened and held in all respects in
accordance with law, and to the extent required by law, due and proper notice
of such meeting was given; that a quorum of the Council was present
throughout the meeting and a legally sufficient number of members of the
Council voted in the proper manner for the adoption of the Resolution; that all
other requirements and proceedings incident to the proper adoption of the
Resolution have been duly fulfilled, carried out and otherwise observed; and
that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of
October, 2009.
City Clerk
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Req. #12378 Amended 10-20-09
Exhibit “A”
RESOLUTION NO. 37891
A RESOLUTION related to the Consolidated Plan for Housing and Community
Development; authorizing approval of the 2010-2011 biennial Funding
Priorities Statement for the Annual Action Plan of the City’s Consolidated
Plan for Housing and Community Development.
WHEREAS the City Council biennially approves the Funding Priorities
Statement to provide direction to the Tacoma Community Redevelopment
Authority (“TCRA”) and the Human Services Commission for
recommending/awarding federal funds prior to starting the application process
for the Consolidated Plan Annual Action Plan, and
WHEREAS the purpose of establishing funding priorities is to provide
direction for the selection of housing and community development projects and
programs, and
WHEREAS all programs and projects must be consistent with the
Community Development Block Grant (“CDBG”), the HOME Investment
Partnership (“HOME”), the Emergency Shelter Grant (“ESG”) programs, or any
other funding source regulations, as applicable, and
WHEREAS CDBG projects and programs must meet one of the three
major criteria: (1) benefiting lower-income persons, (2) removing blight, or
(3) meeting an urgent need, and
WHEREAS HOME projects must provide housing or assist in housing for
low-income persons, and ESG projects must provide a service or shelter to
benefit homeless persons, and
WHEREAS the City Council has reviewed the City’s Funding Priorities
Statement; Now, Therefore,
res12378amend.doc-DEC/lad
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
That the City Council does hereby approve the City’s 2010-2011 biennial
Funding Priorities Statement for the Annual Action Plan of the City’s
Consolidated Plan for Housing and Community Development, attached hereto
as Exhibit “A,” said document to be substantially in the form of the proposed
biennial Funding Priorities Statement on file in the office of the City Clerk.
Adopted
Mayor
Attest:
City Clerk
Approved as to form:
Deputy City Attorney
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EXHIBIT “A”
Funding Priorities Statement (2010 - 2011)
The Tacoma City Council approves a biennial Funding Priorities
Statement (“Statement”) document every two years. The purpose of the
Statement document is to provide direction for the selection of housing,
community and economic development activities, and human services. All
programs and projects must be consistent with the Community Development
Block Grant (“CDBG”), HOME Investment Partnership Program (“HOME”),
Emergency Shelter Grant Program (“ESG”), or any other funding source
regulations, as applicable. CDBG projects must meet one of the three major
criteria: (1) benefiting lower income persons, (2) removing blight, or (3) meeting
an urgent need. HOME projects must provide housing or assist in housing for
low-income persons. ESG projects must provide a service or shelter to benefit
homeless persons.
1. Funding Set-Asides
The following housing and community development activities are designated for
specific set-asides from CDBG funding:
 a minimum of 50 percent of each grant will be set aside for housing
development programs, including rehabilitation;
 five percent of each grant will be set aside to support implementation of
comprehensive neighborhood improvement projects developed by the
Neighborhood Councils (e.g. housing activities, street and sidewalk
improvements, street-lighting, and code enforcement);
 a minimum of $80,000 of each grant will be set aside for payment of LID
assessments for street and street-related improvements (e.g. streets,
sidewalks, curbs and gutters, alleys, streetlights, underground wiring,
etc.);
 a maximum of 10 percent of each grant will be set aside in the
contingency category for unanticipated capital project cost overruns
during the program year;
 fifteen percent of each grant will be set aside to fund human service
projects;
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 funds will be set aside annually, if needed, to prevent a default in
repayment of any outstanding Section 108 loans guaranteed by the
CDBG program; and
 funds for the TCRA housing programs will be maintained at the following
levels: NPP housing rehabilitation program at $500,000, EMHR home
repair program at 150,000, and DPA down payment assistance program at
$250,000 with CDBG and HOME funds. The level of funds shall be
reviewed biannually for appropriateness by the Neighborhoods and
Housing Committee of the City Council.
2. General Priorities
Priority consideration will be given to projects and programs that:
 are consistent with the Consolidated Plan, key elements of the City’s
Comprehensive Plan (e.g. Housing Plan, Land Use Element, Capital
Facilities Plan and Program) and the Human Services Strategic Plan;
 use federal CDBG, HOME, or ESG funds to leverage funds from other
sources;
 can be implemented and/or completed within 12 months;
 demonstrate substantial and good faith collaboration and cooperation
with community residents and other community organizations that will
improve service delivery and/or cost effectiveness;
 support the goals of the comprehensive Neighborhood Action Strategies
approved by the City Council; and
 do not require General Fund allocations for continuing operation and
maintenance of capital projects. However, a project may be funded if
there is a prior commitment of General Fund moneys or other funding for
operation and maintenance costs.
The Tacoma Community Redevelopment Authority (“TCRA”) will conduct
reviews and make decisions for the programming and reprogramming of CDBG,
HOME, and other funds allocated to them; and the Human Services
Commission (“HSC”) will make recommendations to City Council regarding
applicable CDBG and ESG funding.
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 the HSC will review funding proposals for human services and will
recommend these projects and programs for CDBG and ESG funding to
the City Council. The TCRA will review applications and make funding
decisions on housing development projects, housing rehabilitation and
repair programs/capital projects, and make recommendations to the City
Council regarding funding for other housing related programs,
public/community facilities, economic development, and tenant based
rental assistance;
 the TCRA will develop lending criteria and annual funding strategies for
housing development programs and will determine CDBG and HOME
funding allocations in the Annual Action Plan of the Consolidated Plan for
consideration by the City Council;
 the TCRA will review funding proposals for individual housing
development projects and make funding decisions based on projects
meeting lending criteria developed by TCRA and approved by the City
Council; and
 the TCRA will review funding proposals and make funding decisions for
Community Housing Development Organizations (“CHDO”) general
operating assistance.
3. Housing Priorities
The CDBG, HOME, and ESG funding priorities for housing are to improve
neighborhoods by expanding opportunities for decent housing for lower income
persons and by removing or rehabilitating blighted housing. Special
consideration will be given to housing projects which develop and/or replace
affordable rental units, provide permanent supportive housing for homeless
and/or special needs populations, and support neighborhood enhancement
through the geographic expansion of new affordable housing opportunities,
along with the provision of quality on-site property management. All affordability
covenants established in conjunction with housing projects shall continue for the
life of the covenant unless modified by the City Council.
Within the overall priorities, additional consideration will be given to housing
development projects that:
 serve a priority need identified in the Consolidated Plan;
 have completed a predevelopment process (consistent with required City
policy);
 will be ready for construction within six months;
 are cost-effective and leverage other funds;
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 are developed by housing developers with a capacity to complete the
project;
 demonstrate the capacity for good property management;
 help nonprofit developers achieve self-sufficiency plans and goals; and
 support the opportunity for all housing developers to participate.
Priority consideration will be given to the following actions that address the
strategy to increase or retain affordable housing for both small and large
families and elderly renters:
 use of CDBG or HOME funds to provide support to retain
privately owned project-based Section 8 housing, as well as to provide
needed relocation assistance for at-risk tenants;
 projects that add to the supply of affordable housing through increased
production of residential structures or rehabilitation of vacant dwelling
units. (Note: while HOME funds can be used for construction of
affordable housing, CDBG funds cannot be generally used for new
construction);
 projects that support the development of replacement of affordable rental
units as lower income housing stock is lost due to conversion to market
rate housing and/or conversion to nonresidential or commercial uses;
 projects that improve rental properties to insure decent housing for lower
income renters; and
 projects that provide tenant-based rental assistance to help lower income
families and individuals to become more self-sufficient.
Priority consideration will be given to the following actions that address the
strategy to assist households to become homeowners and to assist existing
owners to maintain their homeownership:
 continuation of citywide major and minor home improvement programs,
including the Neighborhood Preservation Program (“NPP”), the Major
Home Repair Program, the Minor Home Repair Program, and the
Emergency Minor Home Repair Program. If funds are not sufficient to
meet the demand, priority will be on a first-come, first-served basis;
 projects and programs that help families, especially first-time
homebuyers, purchase a home (e.g. construction, counseling, self-help,
etc.); and
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 projects that conserve existing housing by making repairs or through
rehabilitating properties to meet minimum housing codes, including
weatherization and other energy-efficiency improvements
Priority consideration will be given to the following actions that address
the strategy to assist homeless families and individuals and nonhomeless
persons with special needs (e.g. mentally/physically disabled):
 CDBG projects that provide support for the development or improvement
of emergency and transitional shelters, as well as special needs housing;
 CDBG or HOME funded projects that develop permanent supportive long
term housing throughout the community for homeless and special needs
populations in conjunction with needed support services, such as case
management, life skills training, employment, and education;
 HOME projects that provide tenant-based rental assistance to assist
homeless persons to secure housing ; and
 ESG projects that fund improvement of a facility, the primary purpose of
which is to provide emergency or transitional shelter for homeless
persons.
Priority consideration will be given to the following actions that address
the strategy to support neighborhood enhancement and/or that increase
opportunities for affordable housing throughout the City:
 projects that target housing resources to areas with comprehensive
neighborhood strategies (e.g. Neighborhood Action Strategies, Renewal
Community);
 projects that support the development of new and/or rehabilitated housing
that will, upon completion, be certified under the Crime Free Housing
Program (“CFHP”) for the life of the housing investment (Note: full certification
shall be based on a three phase approach that includes security requirements
for renter safety, a tenant crime prevention meeting and a 16 hour seminar by
experts in police, code enforcement, fire, human rights, legal and Crime
Prevention Through Environmental Design (CPTED);
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 projects that are sited within a residential area that does not currently
have a concentration of low-income subsidized housing impacting the
larger neighborhood;
 projects that remove dangerous housing and provide opportunities and
incentives for in-fill housing; and
 projects that conserve the architectural and historic character of houses
and residential districts to revitalize neighborhoods.
4. Community Development Priorities (CDBG only)
The funding priorities for community facilities/public improvements are to
support neighborhood revitalization or to improve living conditions for lower
income persons by the construction or improvement of community facilities or
public improvements. Priority consideration will be given to projects that
include:
 payment of LID assessments for lower income homeowners;
 construction or improvement of streets, sidewalks, alleys, lighting, or
related public improvements in lower income neighborhoods where the
improvements are part of a comprehensive Neighborhood Action
Strategy and which cannot be funded by other City resources; and
 construction or rehabilitation of privately owned, community service
facilities that will provide a public service. Priority will be given to
facilities that support approved Neighborhood Action Strategies.
5. Commercial and Economic Development (CDBG only)
The economic development policy for the City of Tacoma is to develop and
maintain a dynamic and diversified economy capable of providing increasing
employment and business opportunities. All approved economic development
activities are to be consistent with the City’s Economic Development Plan.
Priority consideration will be given to projects and programs that include:
 projects and programs that assist in the revitalization of either blighted or
lower income business districts, including revitalization through historic
preservation and conservation activities, as well as actions that support
the economic development goals of approved comprehensive
Neighborhood Action Strategies.
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 projects and programs that support the objectives of the Tax Incentive
Utilization Plan (“TIUP”) that replaced the Enterprise Community
Strategic Plan when the City of Tacoma received the Renewal
Community designation in 2002.
 projects and programs that will create or retain employment opportunities
for lower income persons (e.g. small business incubators, small business
loans, and grants).
 projects and programs that will encourage the development of business
services (such as convenience shopping, medical services, professional
services, etc.) in a lower income neighborhood or to a lower income
group where services are inadequate to meet the demand.
 projects and programs which provide financial and technical assistance
to socially and economically disadvantaged persons who own or are
starting businesses.
6. Human Services
The priorities for human services supported with CDBG or ESG funds are
identified below. Funded programs must be able to show significant impact of
their services on lower income populations through acceptable Outcome Based
Evaluation (“OBE”) systems. Programs must participate in efforts toward
improving the systems serving persons who are experiencing homelessness or
who are at risk of homelessness.
CDBG
CDBG funds will only be used for services which target lower income Tacoma
residents, provide housing stabilization services, and address one of the
Funding Priorities listed below. The three Funding Priorities are of equal
importance.
 emergency shelter and/or transitional housing for persons experiencing
homelessness, which includes tailored services that will lead residents
toward more stable housing;
 early intervention and prevention services, which are designed to have a
substantial impact on preventing individuals or families from becoming
homeless;
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 Services that have a direct connection to increasing the economic
stability of lower income Tacoma residents, including increased
economic opportunity (e.g. through pre-employment training or job
placement).
ESG
ESG funds can be used for homelessness prevention, operation, and
maintenance of homeless or transitional shelters, as well as essential services.
No more than 30 percent of the ESG grant can be used for essential services.
Program must participate in efforts toward improving the systems serving
persons who are experiencing homelessness or who are at risk of
homelessness.
Downtown Emergency Service Providers
The Tacoma City Council has requested that steps be taken to ensure a
coordinated approach to downtown emergency human services. The following
are some of those steps which will apply to downtown emergency human
services applicants for both CDBG and ESG funding.
 a funding floor of 85 percent of the funding awarded to downtown
emergency human services in the last CDBG-funding cycle will be
reserved as a competitive allocation for priority downtown emergency
human services in the current allocation cycle.
 a funding floor of 85 percent of the funding awarded to downtown
emergency human services in the last ESG-funding cycle will be
reserved as a competitive allocation for priority downtown emergency
human services in the current allocation cycle.
 longer term financial commitments (e.g. four years instead of two years)
will be provided for partnership applications that address integrated
service provision among downtown emergency human services
(e.g. 24/7 shelter coverage), if funding is available and performance
warrants.
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Req. #12379
RESOLUTION NO. 37892
A RESOLUTION relating to community development; authorizing the execution of
an amendment to the Agreement for Improvements Within the ASARCO
Tacoma Smelter Superfund Site Area Operable Unit 2 with Point
Ruston, LLC, for certain improvements within the ASARCO Tacoma Smelter
Superfund site.
WHEREAS, on March 10, 2009, the City Council adopted Amended
Resolution No. 37747, authorizing the execution of an agreement with
Point Ruston, LLC (“Point Ruston”), for construction of approximately $11 million in
infrastructure improvements in the City and the Town of Ruston (“Ruston”), which
is within the ASARCO Tacoma Smelter Superfund site, and
WHEREAS Point Ruston is required to secure construction financing to
complete the project improvements, and
WHEREAS the improvements will be completed and financed under a Local
Improvement District (“LID”), subject to the City and Ruston’s requirements, and
WHEREAS the completed project improvements will be transferred to
the City and Ruston, and
WHEREAS the City will issue LID bonds, and the proceeds of the bond
sale will be used to reimburse Point Ruston for its costs to construct the project,
and
WHEREAS, since entering into the existing agreement, project costs
have increased, and Point Ruston has had difficulty securing project
construction financing, and
WHEREAS, as a result, Point Ruston has requested that the agreement
be amended as follows: (1) the LID be increased from $11 million to
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$15 million, (2) the LID be segregated into two phases to reduce the amount of
funds needed for each phase of construction financing, and (3) the map and
LID description be adjusted to include power and water improvements identified
during the design phase and to describe in more detail the LID segments and
improvements within each project phase; Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
That the proper officers of the City are hereby authorized to execute an
amendment to the Agreement for Improvements Within the ASARCO Tacoma
Smelter Superfund Site Area Operable Unit 2 with Point Ruston, LLC, for
certain improvements within the ASARCO Tacoma Smelter Superfund site with
Point Ruston, LLC, for certain improvements within the ASARCO Tacoma
Smelter Superfund site, said document to be substantially in the form of the
proposed amendment on file in the office of the City Clerk.
Adopted
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
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Req. #12380
RESOLUTION NO. 37893
A RESOLUTION relating to the sale of Tacoma Power surplus property;
authorizing the sale of the former pole and storage yard property, located on
South 74th Street, west of South Tacoma Way, to Michael Rigney.
WHEREAS the City of Tacoma, Department of Public Utilities, Light
Division (d.b.a. “Tacoma Power”), and the City of Tacoma, Department of
Public Works, own approximately a 7,430-square-foot tract of land located on
South 74th Street, west of South Tacoma Way (“Property”), and
WHEREAS the Public Utility Board previously approved the Property
being declared surplus to the needs of the City per Resolution U-10262 and
confirmed by City Council Resolution No. 37696, and
WHEREAS, on July 14, 2009, the City Council approved a settlement
agreement whereby Tacoma Power and the City agreed to sell the Property to
Michael Rigney in exchange for $10,000, dismissal of the lawsuit, and
Mr. Rigney’s agreement to release all claims involving the Property and the
City, said settlement was also approved by the Public Utility Board on
September 9, 2009, and
WHEREAS the Property was originally acquired by Tacoma Power and
the City in the 1920s for the purpose of street improvements and storage of
electrical poles and contains a Tacoma Water groundwater monitoring well in
the northwest corner, which will be decommissioned prior to the sale of the
Property, and
WHEREAS, on September 29, 2009, as required by state law, a public
hearing was conducted; Now, Therefore,
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
That the proper officers of the City are hereby authorized to sell the
former pole and storage yard property, located on South 74th Street, west of
South Tacoma Way, to Michael Rigney, according to the terms of the
settlement.
Adopted
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
Requested by Public Utility Board
Resolution No. U-10318
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Req. #12380
RESOLUTION NO. 37893
A RESOLUTION relating to the sale of Tacoma Power surplus property;
authorizing the sale of the former pole and storage yard property, located on
South 74th Street, west of South Tacoma Way, to Michael Rigney.
WHEREAS the City of Tacoma, Department of Public Utilities, Light
Division (d.b.a. “Tacoma Power”), and the City of Tacoma, Department of
Public Works, own approximately a 7,430-square-foot tract of land located on
South 74th Street, west of South Tacoma Way (“Property”), and
WHEREAS the Public Utility Board previously approved the Property
being declared surplus to the needs of the City per Resolution U-10262 and
confirmed by City Council Resolution No. 37696, and
WHEREAS, on July 14, 2009, the City Council approved a settlement
agreement whereby Tacoma Power and the City agreed to sell the Property to
Michael Rigney in exchange for $10,000, dismissal of the lawsuit, and
Mr. Rigney’s agreement to release all claims involving the Property and the
City, said settlement was also approved by the Public Utility Board on
September 9, 2009, and
WHEREAS the Property was originally acquired by Tacoma Power and
the City in the 1920s for the purpose of street improvements and storage of
electrical poles and contains a Tacoma Water groundwater monitoring well in
the northwest corner, which will be decommissioned prior to the sale of the
Property, and
WHEREAS, on September 29, 2009, as required by state law, a public
hearing was conducted; Now, Therefore,
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
That the proper officers of the City are hereby authorized to sell the
former pole and storage yard property, located on South 74th Street, west of
South Tacoma Way, to Michael Rigney, according to the terms of the
settlement.
Adopted
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
Requested by Public Utility Board
Resolution No. U-10318
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Req. #12404
RESOLUTION NO. 37894
BY REQUEST OF MAYOR BAARSMA
A RESOLUTION relating to human resources; expressing support for the
continuation of the Employee Wellness Program for City employees and
their families.
WHEREAS the City recognizes that employee health is affected by
lifestyle decisions, and many illnesses and/or injuries can be reduced or
prevented by positive individual health practices, and
WHEREAS the City recognizes that its employees are a valuable
resource and are crucial to the attainment of the goals and mission of the City,
and
WHEREAS the City further recognizes that improvements to employee
health, achievable through active workplace health promotion programs,
activities, and incentives, can result in better morale, reduced absenteeism, and
enhanced productivity and performance, and
WHEREAS the City wishes to commit to the continuous implementation
of a citywide Employee Wellness Program aimed at contributing to the physical,
emotional, and psychological well-being of City employees, retirees, and their
families, decreasing the incidence of workplace injuries, reducing sick leave
usage, and improving employee morale and well-being, and
WHEREAS the City hereby pledges the following:
1. To support the continuation of an Employee Wellness Program with
the overall goal of building a culture of health that will result in lower healthcare
costs for the City and happier and healthier City employees, retirees, and their
families.
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2. To support the Employee Wellness Program in order to contribute to
the health and well-being of City employees and the following core principles:
 Employees should be afforded more opportunities to actively manage
their health;
 Employees should be challenged to actively manage their lifestyle
choices to improve their health;
 Employees should have access to educational programs that are also
linked to specific behavioral changes that will improve their quality of life;
and
 Employees should be offered ways to monitor the effects of their
behaviors on both their short-term and long-term well-being; Now,
Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
That support for the continuation of the Employee Wellness Program
for City employees and their families is hereby expressed.
Adopted___________________
________________________
Mayor
Attest:
__________________________
City Clerk
Approved as to form:
__________________________
Deputy City Attorney
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Req. #12405
RESOLUTION NO. 37895
BY REQUEST OF MAYOR BAARSMA AND COUNCIL MEMBERS LADENBURG
AND TALBERT
A RESOLUTION urging Tacoma voters to vote “Approved” on Referendum 71,
which bill would expand the rights, responsibilities, and obligations accorded
state-registered, same-sex, and senior domestic partners to be equivalent to
those of married spouses.
WHEREAS the City embraces legal equality and fair treatment for all
residents and values the contributions and personal dignity of all, and
WHEREAS the City has legally protected its citizens from discrimination
on the basis of sexual orientation and gender identity since 2002, and
WHEREAS, since 2008, the City has provided its employees with health
benefit coverage for City-registered domestic partners, and
WHEREAS the Washington State Legislature passed, and Governor
Chris Gregoire signed, Engrossed Second Substitute Senate Bill 5688 into law,
ensuring that state-registered domestic partners will have the same rights,
responsibilities, and protections under Washington State (“State”) law as
spouses, and
WHEREAS opponents of domestic partnerships gathered signatures to
put the law on the ballot on November 3 in an effort to keep it from going into
effect, and
WHEREAS a vote of “Approved” will retain the law, and
WHEREAS a vote of “Rejected” would repeal the law, and
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WHEREAS the Domestic Partnership Law ensures all Washington
families have the same protections, rights, and responsibilities as their
neighbors, and
WHEREAS, since 2007, more than 5,000 couples have registered as
domestic partners, living in every county of the State. Some are seniors, where
one or both partners are over the age of 62, who can’t marry without sacrificing
hard-earned social security, military, and pension benefits. Others are gay and
lesbian couples, many with children, who are not allowed to get married, and
WHEREAS the Domestic Partnership Law allows Washington families to
protect their loved ones and guarantees that they will be treated fairly in times
of crisis, providing essential protections to those who would otherwise live
without a safety net, and
WHEREAS some of the protections and rights in the law include:
(1) death benefits for partners of police and firefighters killed in the line of duty;
(2) the right to use sick leave to care for a seriously ill partner; (3) pension
benefits for partners of teachers and other public employees; (4) victims’ rights;
(5) right to Workers’ Compensation benefits if a partner is killed in the course of
employment; and (5) business succession rights, and
WHEREAS Washingtonians want to treat their neighbors with fairness;
Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
That the City of Tacoma supports retaining the domestic partnership law
and urges Tacoma voters to vote “Approved” on Referendum 71, on the
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November 2009 ballot, thereby protecting thousands of families throughout
Washington State (“State”) and treating all families equally under the laws of
our State in the form of the ballot title as follows:
REFERENDUM 71
The legislature passed Engrossed Second Substitute Senate
Bill 5688 concerning rights and responsibilities of
state-registered domestic partners and voters have filed a
sufficient referendum petition on this bill. This bill would
expand the rights, responsibilities, and obligations accorded
state-registered same-sex and senior domestic partners to be
equivalent to those of married spouses, except that a
domestic partnership is not a marriage. Should this bill be:
Approved ___
Rejected ___
Adopted
Mayor
Attest:
City Clerk
Approved as to form:
Deputy City Attorney
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Req. #12407
RESOLUTION NO. 37896
A RESOLUTION relating to the Salishan Redevelopment Project; stating the intent
of the City to include $2.5 million in the 2009 Limited Tax General Obligation
Bonds for Area 2B infrastructure for the Salishan Redevelopment Project.
WHEREAS the City and the Tacoma Housing Authority (“THA”) are parties
to the Housing Cooperation Law Development Agreement, pursuant to
Ordinance No. 27142, passed by the City Council on September 16, 2003, and
WHEREAS the THA is planning for the $2.5 million in bond financing for the
Area 2B infrastructure for the Salishan Redevelopment Project (“Project”), and
WHEREAS the City is considering including $2.5 million in the 2009
Limited Tax General Obligation Bonds (which would be dedicated to the Area
2B infrastructure) currently scheduled to be sold on December 1, 2009, with closing
scheduled to occur on December 15, 2009; Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
That the City Council hereby states its intent to include $2.5 million in the
2009 Limited Tax General Obligation Bonds currently scheduled to be sold on
December 1, 2009, for the Area 2B infrastructure for the Salishan Redevelopment
Project.
Adopted
Mayor
Attest:
City Clerk
Approved as to form:
Deputy City Attorney
res12407.doc-DEC/lad
Req. #12365
RESOLUTION NO. 37897
A RESOLUTION relating to commuter rail service; authorizing the execution of
the Master Utilities License Agreement with Central Puget Sound Regional
Transit Authority (“Sound Transit”) relating to the City’s use of Sound
Transit property.
WHEREAS the Central Puget Sound Regional Transit Authority (“Sound
Transit”) wishes to extend its current commuter rail service, which now ends at
the Tacoma Dome station at Freighthouse Square, to the city of
Lakewood (“Project”), and
WHEREAS, in exchange for the City entering into both a Development
Agreement for construction of the extension of the Project and a Right of Use
Agreement to occupy City rights-of-way, Sound Transit will agree to enter into a
Master Utilities License Agreement (“MULA”) with the City, and
WHEREAS the MULA establishes the City’s rights and obligations
related to its use of Sound Transit’s property located within the City limits of
Tacoma and throughout the service area of Tacoma Public Utilities, and
WHEREAS the MULA grants permission to the City to construct,
operate, maintain, repair, replace, and remove various electric lines,
communication lines, sewer and water lines, pipelines, fiber-optic lines, cable
television lines, and information transmission lines, as the case may be, and
related facilities, over, under, and across certain portions of Sound Transit’s rail
corridor or property, and
WHEREAS the terms of the MULA are reciprocal to the terms found in
the City’s Right of Use Agreement, and
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WHEREAS the MULA, Development Agreement, and Sound Transit’s
Right of Use Agreement to use City rights-of-way have been approved by the
Public Utility Board and will be presented for approval to the City Council after
the public hearing; Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
That the proper officers of the City are hereby authorized to execute a
Master Utilities License Agreement (“MULA”) with Central Puget Sound
Regional Transit Authority (“Sound Transit”) relating to the City’s use of Sound
Transit property, said document to be substantially in the form of the proposed
MULA on file in the office of the City Clerk.
Adopted___________________
________________________
Mayor
Attest:
__________________________
City Clerk
Approved as to form:
__________________________
Chief Deputy City Attorney
Requested by Public Utility Board
Resolution No. U-10323
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Req. #12366 Amended 10-20-09
SUBSTITUTE
RESOLUTION NO. 37898
A RESOLUTION relating to commuter rail service; authorizing the execution of
the Development Agreement with Central Puget Sound Regional Transit
Authority relating to the development of the Lakewood to Tacoma
commuter rail project.
WHEREAS Central Puget Sound Regional Transit Authority (“Sound
Transit”) wishes to extend its current commuter rail service, which now ends at
the Tacoma Dome station at Freighthouse Square, to the city of Lakewood, and
WHEREAS the proposed Development Agreement concerns the
development of the Lakewood to Tacoma commuter rail project, an
approximately 1.4-mile section from East “D” Street to South “M” Street, within
the City limits (“Project”), and
WHEREAS Sound Transit will be required to obtain the applicable design
submittal, land use, and permit approval from the City in order to develop the
Project within the City, and
WHEREAS the parties wish to enter into the Development Agreement
(“Agreement”) in order to (1) establish development standards for the Project;
(2) establish a partnership, consistent with applicable law, for coordinating and
expediting Project approval; (3) establish a method of reimbursement for City
services utilized for the Project; and (4) establish additional rights and
responsibilities between the parties with respect to the development of the
Project, and
WHEREAS the Agreement currently does not address the City’s
concerns regarding (1) the aesthetic design of the overhead rail crossing of
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Pacific Avenue, (2) the habitat improvements for the “B” Street gulch, (3) the
design of landscape improvements for the Project, and (4) the maintenance of
said habitat and landscape improvements, and
WHEREAS, furthermore, the parties will contemporaneously enter into
separate agreements with respect to Sound Transit’s use of City rights-of-way
and the City’s use of Sound Transit property relative to this Project, and
WHEREAS the Development Agreement, Sound Transit’s Right of Use
Agreement to use City rights-of-way, and the Master Utilities License
Agreement have been approved by the Public Utility Board and will be
presented for approval to the City Council after the public hearing; Now,
Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
Section 1. That the proposed Development Agreement between the City
and Central Puget Sound Regional Transit Authority (“Sound Transit”), relating
to the development of the Lakewood to Tacoma commuter rail
project (“Project”), is approved with the following amendments: (a) Sound
Transit shall submit aesthetic options regarding the Pacific Avenue bridge
crossing to the City for review prior to the building permit issuance; (b) the City
and Sound Transit shall jointly contract with appropriate firms to do the
following: (i) design the habitat improvements for the “B” Street gulch,
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(ii) design the landscape improvements for the Project, and (iii) maintain said
habitat and landscape improvements; and (c) elimination of the words “as
illustrated in the 30% Design Submittal” of Section III E.8.
Section 2. That the proper officers of the City are hereby authorized to
execute the Agreement with Sound Transit, said document to be substantially in
the form of the proposed Development Agreement on file in the office of the City
Clerk, as amended by Section 1 above.
Adopted___________________
________________________
Mayor
Attest:
__________________________
City Clerk
Approved as to form:
__________________________
City Attorney
Requested by Public Utility Board
Resolution No. U-10323
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Req. #12339
ORDINANCE NO. 27833
AN ORDINANCE relating to Sound Transit; authorizing a Right of Use
Agreement (“Agreement”) with Sound Transit for its nonexclusive use of
specific City public rights-of-way in relation to the development of the
Lakewood to Tacoma commuter rail project within the Tacoma City
limits.
WHEREAS Sound Transit wishes to extend its commuter rail service,
which currently ends at the Tacoma Dome Station between South “M” Street
and the Freighthouse Square, to the City of Lakewood, and
WHEREAS Sound Transit’s proposed extension is a 1.4-mile section
running from East “D” Street to South “M” Street (“Project”) within the Tacoma
City limits, and
WHEREAS, as part of the Project, Sound Transit desires the
nonexclusive use of City rights-of-way, including the use of portions of East “D”
Street, East “C” Street, East “B” Street (unimproved), “A” Street, Commerce
Street, South “C” Street, South 25th Street, South 26th Street, South 27th
Street, Delin Street, Pacific Avenue, South Tacoma Way, and Center Street, all
located within the City of Tacoma, and
WHEREAS Sound Transit desires to enter into a Right of Use
Agreement (“Agreement”) with the City establishing Sound Transit’s rights and
responsibilities regarding Sound Transit’s design, construction, operation,
maintenance, and improvement of its infrastructure within the above-mentioned
City rights-of-way, and
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WHEREAS Sound Transit’s use of the City’s rights-of-way under the
Agreement shall be perpetual except to the extent that Sound Transit removes
or abandons its facilities or if Sound Transit violates the other terms of the
Agreement, and
WHEREAS Sound Transit will not be charged an occupancy fee for use
of the City’s rights-of-way under the Agreement in exchange for Sound Transit
not charging the City’s utilities an occupancy fee for use of Sound Transit’s
property, and
WHEREAS Sound Transit has agreed to enter into such Agreement and
the City is willing to execute such Agreement with Sound Transit, conditioned
upon the acceptance by Sound Transit of the terms and conditions and
execution of a reciprocal Master Utilities License Agreement that allows City
utilities to occupy Sound Transit’s rail corridor and upon a Development
Agreement, as authorized by RCW 36.70B.170-210, and
WHEREAS Tacoma City Charter Section 8.1 indicates that “[e]very
grant, renewal, extension, or amendment of a franchise, right or privilege, shall
be by ordinance, become effective…thirty days after publication….,” and
WHEREAS it is in the best interests of the public that the City Council
authorize such use of the City’s rights-of-way in support of Sound Transit’s
commuter rail service through the execution of the proposed Agreement; Now,
Therefore,
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BE IT ORDAINED BY THE CITY OF TACOMA:
Section 1. That the proper officers of the City are authorized to enter into
a Right of Use Agreement with Sound Transit for its use of specific City
rights-of-way in relation to the development of the Lakewood to Tacoma
commuter rail project within the Tacoma City limits, said document to be
substantially in the form of the proposed Right of Use Agreement on file in the
office of the City Clerk
Section 2. That, pursuant to Tacoma City Charter Section 8.1, this
ordinance shall become effective 30 days after publication.
Passed
Mayor
Attest:
City Clerk
Approved as to Form:
Chief Deputy City Attorney
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Req. #12354
ORDINANCE NO. 27841
BY REQUEST OF COUNCIL MEMBERS LADENBURG, STRICKLAND, AND
TALBERT
AN ORDINANCE relating to the park code; amending Chapter 8.27 of the Tacoma
Municipal Code, prohibiting smoking in all City parks.
WHEREAS the City’s parks are intended for the healthy enjoyment of all
citizens, including children and youth, and
WHEREAS Metro Parks Tacoma staff has reported that smoking and
tobacco use in parks has resulted in litter of cigarette butts, cigar butts, and
other tobacco-related waste, which studies have shown can cause
environmental degradation and pose a health risk to children and animals, and
WHEREAS the City Council, through its Public Safety, Human Services
and Education Committee, received testimony from representatives of the
Tacoma-Pierce County Health Department that smoking and tobacco use,
including secondhand smoke, has been linked with the development of lung
cancer, heart attack, low birth weight, bronchitis, pneumonia, asthma, chronic
respiratory problems, and eye and nasal irritation, and
WHEREAS studies have shown that children and youth exposed to
smoking and tobacco use are more likely to smoke when they get older, and
WHEREAS many parks in the City contain brush and trees, which can be
combustible, particularly in the dry summer months, and the parks do not
contain facilities for disposing of tobacco products and tobacco products that
are not completely extinguished pose an increased risk of fire, and
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WHEREAS, in spring 2009, Metro Parks Tacoma, along with Tacoma-Pierce
County Public Health, requested that the Public Safety, Human Services and
Education Committee (“Committee”) examine the issue of a citywide ban of smoking
in all public parks within the City limits of Tacoma in order to promote public health
and safety, and
WHEREAS, on June 25, 2009, and August 13, 2009, the Committee
discussed the item and deliberated on the policy objectives and the scope of the
policy before deciding upon the policy goals of public health, litter concerns, and fire
dangers in the ordinance, and
WHEREAS the Committee gave a “do pass” recommendation for the
all-encompassing smoking ban in City parks,
WHEREAS, if implemented, the proposed ordinance will require “No
Smoking” signage to be in place in order to be effective, and
WHEREAS the City will be responsible for all municipally owned park
signage; Now, Therefore,
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ord12354.doc-JW/lad
BE IT ORDAINED BY THE CITY OF TACOMA:
Section 1. That Chapter 8.27 of the Tacoma Municipal Code is amended,
as set forth in the attached Exhibit “A.”
Passed
Mayor
Attest:
City Clerk
Approved as to Form:
Deputy City Attorney
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ord12354.doc-JW/lad
EXHIBIT “A”
8.27.085 Smoking in parks prohibited.
It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, or other smoking material
within a park. The Director or City Manager shall post signs in appropriate locations, prohibiting
smoking in parks.
For the purposes of this section, “smoke” or “smoking” means the carrying, holding, or smoking of any
kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
A violation of this section is a class 4 civil infraction $25, not including statutory assessments. Such
penalty is in addition to any other remedies or penalties provided by law.
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ord12354.doc-JW/lad
Req. #12370
ORDINANCE NO. 27842
AN ORDINANCE relating to public safety and morals; amending Chapters 8.01,
8.12, 8.37, and 8.44 of the Tacoma Municipal Code by updating penalties to
be consistent with Washington State (“State”) law, updating and
reorganizing theft and theft-related offenses to be consistent with State law,
updating and reorganizing offenses against property to be consistent with
State law, and prescribing penalties.
WHEREAS, when Title 8 of the Tacoma Municipal Code (“TMC”) was
originally written, it was consistent with Washington State (“State”) law at the time
and did not distinguish between misdemeanors and gross misdemeanors, and
WHEREAS, since that time, changes have been made to the Revised Code
of Washington (“RCW”) to differentiate between misdemeanors and gross
misdemeanors, including penalties, and
WHEREAS this proposed ordinance will state the current applicable penalty
for both misdemeanor and gross misdemeanors, and
WHEREAS the Washington State Legislature recently amended
RCW sections pertaining to theft-related offenses, including changes in
jurisdictional limits, and
WHEREAS the TMC currently contains several different theft provisions,
and
WHEREAS the proposed ordinance repeals unnecessary specific thefts and
adopts current State law, and
WHEREAS the TMC currently does not include the crime of malicious
mischief, and
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Ord12370-JKHlad
WHEREAS the proposed ordinance adopts the State statute for malicious
mischief, including definitions; Now, Therefore,
BE IT ORDAINED BY THE CITY OF TACOMA:
Section 1. That Chapters 8.01, 8.12, 8.37, and 8.44 of the Tacoma
Municipal Code are amended, as set forth in the attached Exhibit “A.”
Section 2. Severability. If any part, provision, or section of these chapters
is held to be void or unconstitutional, all other parts not expressly so held shall
continue in full force and effect.
Passed
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
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Ord12370-JKHlad
EXHIBIT “A”
8.01.010 Penalty provision. Formatted: Font: 10 pt
A. The maximum penalty for any criminal offense under the Tacoma Municipal Code shall be the same Formatted: Font: 10 pt
as the maximum penalty provided in Washington State law for the same or similar offense, and where the
maximum penalty provided under the Tacoma Municipal Code is inconsistent with the maximum penalty
as provided pursuant to State law, such maximum penalty as provided under State law shall prevail.
B. Any person convicted of a violation of any domestic violence crime described in Section 8.105.020.B
hereof shall, at the discretion of the prosecuting authority, be subject to a supplemental proceeding before
the court to determine such person's status as a domestic violence repeat offender. A person shall be
adjudged a domestic violence repeat offender when convicted of an offense described in
Subsection 8.105.020.B hereof and such offense is found to have been committed within a two-year
period of the commission of two or more prior domestic violence offenses described in Section
8.105.020.B hereof for which there is a valid conviction, and when such prior offenses do not arise from
the same facts and circumstances; provided that the prosecuting authority must establish guidelines for a
determination as to when the prosecuting authority, in its discretion, will seek to establish such person's
status as a domestic violence repeat offender, and must give notice to the accused upon conviction of the
prosecuting authority's intent to seek domestic violence repeat offender status. The court shall thereupon,
after notice, set a hearing to determine such person's status as a domestic violence repeat offender.
C. A person adjudged to be a domestic violence repeat offender shall be sentenced to the maximum jail
term allowable if the maximum penalty does not exceed 90 days in jail, and shall be sentenced to a
minimum of 180 days in jail otherwise, and such mandatory minimum penalty shall not be suspended
except as provided for pursuant to RCW 3.66.068, as now enacted or as hereafter amended, and Section
8.70.020 of the Tacoma Municipal Code as now enacted or as hereafter amended.
D. Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute Formatted: Font: Times New
or ordinance in force at the time of conviction and sentence shall be punished by imprisonment for a Roman, 10 pt
maximum term fixed by the court of not more than one year or by a fine in an amount fixed by the court
of not more than $5,000, or by both such imprisonment and fine. Formatted: Font: Times New
E. Every person convicted of a misdemeanor for which no punishment is prescribed by any statute or Roman, 10 pt
ordinance in force at the time of conviction and sentence shall be punished by imprisonment for a Formatted: Font: Times New
maximum term fixed by the court of not more than 90 days or by a fine in an amount fixed by the court Roman, 10 pt
of not more than $1,000, or both such imprisonment and fine. Formatted: Font: Times New
Roman, 10 pt
Formatted: Font: Times New
Roman, 10 pt
Formatted: Font: Times New
Roman, 10 pt
Formatted: Font: Times New
Roman, 10 pt
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Ord12370-JKHlad
8.12.010 Disorderly persons defined and enumerated. Formatted: Font: 10 pt
The following persons are hereby declared to be disorderly persons: Formatted: Font: 10 pt
1. Any person fighting or quarreling or inciting or encouraging others to fight in any public place in the
Formatted: Font: 10 pt
City of Tacoma.
2. Any person who shall intentionally prevent or attempt to prevent a police officer or peace officer of the Deleted: Any person who, with intent
City of Tacoma from lawfully arresting him or her, or who shall aid or assist any person in the custody of to deprive or defraud
any police officer or peace officer to escape or attempt to escape from such custody. Deleted: the owner thereof, shall take,
3. Any person who shall interfere with any police officer or any peace officer of the City, or who shall steal, or carry away the
refuse when called upon to assist him or her in the discharge of his or her duty. Deleted: property or services of
4. Any person who shall be guilty of fast or immoderate driving or riding of horses on any of the streets, another, the same being of a
highways, or alleys of the City, or who shall ride or drive upon any sidewalk except a proper street Deleted: value of $250 or less.
crossing, or who shall obstruct any sidewalk, street, highway, or alley in said City in any manner.
Deleted: Any person or persons in the
5. Any person who, for the purpose of annoyance or mischief, shall place in any doorway or on any City engaged in
sidewalk, street, or alley in the City any box or other thing, or who shall tear down, destroy, or mutilate
any notice or handbill lawfully posted in the City. Deleted: buncoing or in the operation
of a swindling game or
6. Any person, except the police officers of the City, engaged in the lawful discharge of their duty, and
persons practicing at target shooting in a duly licensed shooting gallery who shall fire off or discharge Deleted: device for the purpose of
swindling or defrauding
any bomb, gun, pistol, or firearm of any kind within the City limits.
7. Any person who shall place any object which is not securely fastened upon any window sill or other Deleted: others.
outside portion of a building in such a position as to be above or near to a street or sidewalk, or who shall Deleted: Any person who, with intent
permit any such object to remain in such position upon any such building or part of a building of which to deprive or
he or she shall be in possession. Deleted: defraud the owner thereof,
8. Repealed. buys, sells, receives, has
9. Any person who shall have in his or her possession or shall permit to be placed or kept in a building,
Deleted: in his or her possession, or
room, or place owned, leased, or occupied by him or her in the City, any table, slot machine, or other aids in concealing or
article, device, or apparatus of a kind commonly used for gambling or operated for the losing or winning
Deleted: withholding any property or
of money or property, or any representative of either, upon any chance, uncertain, or contingent event, services of another,
which is not authorized by Chapter 9.46 RCW and the Official Code of the City of Tacoma.
10. Any person or persons in the City who shall play at any game of chance for profit not specifically Deleted: knowing the same to have
been stolen or wrongfully
authorized by the State of Washington, pursuant to Chapter 9.46 RCW, as now or hereafter amended, or
who is knowingly in the actual or constructive presence of unlawful gambling. Unlawful gambling is Deleted: appropriated, and the value of
defined as gambling not authorized by the State of Washington pursuant to Chapter 9.46 RCW as now or said property being
hereafter amended. Deleted: $250 or less.¶
11. Repealed. Deleted: Any person who, with intent
12. Repealed. 13. Repealed. to defraud, shall
14. Any person who, by act or omission, encourages, causes, or contributes to the dependency or
Deleted: obtain any food, lodging, or[1]
...
delinquency of a minor under 18 years of age.
15. Repealed. Deleted: hotel, apartment house, ... [2]
16. Repealed. Deleted: lodging house without paying
... [3]
Deleted: Any person who, without the
... [4]
Deleted: seller, willfully takes ... [5]
Deleted: or merchandise of the value[6]
... of
Deleted: being the property of another)
... [7]
Deleted: wholesale or retail store or [8]
...
Deleted: establishment with the ... [9]
Deleted: goods, wares, or merchandise
... [10]
Deleted: without having paid the [11]
...
Deleted: Any person who, with the [12]
...
Deleted: owner or operator thereof,[13]
...
Deleted: from a taxicab or City bus [14]
...
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Ord12370-JKHlad
8.12.120 Destruction of property. Formatted: Font: 10 pt
A. Any person who intentionally and without legal authority causes physical damage to any property of Formatted: Font: 10 pt
another in willful disregard of the owner's rights in the property is guilty of destruction of property.
B. "Property" means anything of value, whether tangible or intangible, real or personal.
C. Any person convicted of destruction of property shall be guilty of a gross misdemeanor and shall be
punished by a fine not exceeding $5,000 or by imprisonment for a period of not more than one year, or Deleted: .00
by both such fine and imprisonment. Deleted: in the Pierce County Jail
Deleted: six months
-5-
Ord12370-JKHlad
Deleted: CABLE TV FRAUD
Formatted ... [15]
Formatted ... [16]
THEFT
Formatted ... [17]
8.37.010 Definitions. RCW 9A.56.010, as now enacted or hereinafter amended, is hereby adopted Deleted: Fraud in obtaining ... [18]
by reference as though fully set forth herein. Deleted: knowingly obtain broadcast
... [19]
Formatted ... [20]
8.37.020 Theft—Definition, defense. RCW 9A.56.020, as now enacted or hereinafter amended, is
hereby adopted by reference as though fully set forth herein. Formatted ... [21]
Formatted ... [22]
8.37.030 Theft in the Third Degree. Deleted: Violation – Penalty.
RCW 9A.56.050, as now enacted or hereinafter amended, is hereby adopted by reference as though fully
Formatted ... [23]
set forth herein, including penalties; except that conduct constituting a felony, as determined by the
prosecutor, is excluded. Deleted: ¶ ... [24]
Formatted ... [25]
8.37.040 Unlawful issuance of checks or drafts.
Deleted: chapter shall be guilty of a[26]
...
RCW 9A.56.060, as now enacted or hereinafter amended, is hereby adopted by reference as though fully
set forth herein, including penalties; except that conduct constituting a felony, as determined by the Formatted ... [27]
prosecutor, is excluded. Formatted ... [28]
Formatted ... [29]
8.37.050 Theft of rental, leased, lease-purchased, or loaned property.
RCW 9A.56.096, as now enacted or hereinafter amended, is hereby adopted by reference as though fully Formatted ... [30]
set forth herein, including penalties; except that conduct constituting a felony, as determined by the Formatted ... [31]
prosecutor, is excluded. Formatted ... [32]
Formatted ... [33]
8.37.060 Possessing stolen property in the Third Degree.
RCW 9A.56.170, as now enacted or hereinafter amended, is hereby adopted by reference as though fully Formatted ... [34]
set forth herein, including penalties; except that conduct constituting a felony, as determined by the Formatted ... [35]
prosecutor, is excluded.
Formatted ... [36]
8.37.070 Obscuring the identity of a machine. Formatted ... [37]
RCW 9A.56.180, as now enacted or hereinafter amended, is hereby adopted by reference as though fully Formatted ... [38]
set forth herein, including penalties. Formatted ... [39]
8.37.080 Theft of subscription television services. Formatted ... [40]
RCW 9A.56.220, as now enacted or hereinafter amended, is hereby adopted by reference as though fully Formatted ... [41]
set forth herein, including penalties. Formatted ... [42]
Formatted ... [43]
8.37.090 Shopping cart theft.
RCW 9A.56.270, as now enacted or hereinafter amended, is hereby adopted by reference as though fully Formatted ... [44]
set forth herein, including penalties. Formatted ... [45]
Formatted ... [46]
8.37.100 Credit, debit cards, checks, etc.—Definitions.
RCW 9A.56.280, as now enacted or hereinafter amended, is hereby adopted by reference as though fully Formatted ... [47]
set forth herein, including penalties; except that conduct constituting a felony, as determined by the Formatted ... [48]
prosecutor, is excluded. Formatted ... [49]
8.37.110 Possession of another’s identification. Formatted ... [50]
RCW 9A.56.330, as now enacted or hereinafter amended, is hereby adopted by reference as though fully Formatted ... [51]
set forth herein, including penalties. Formatted ... [52]
Formatted ... [53]
Formatted ... [54]
Formatted ... [55]
Formatted ... [56]
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Ord12370-JKHlad
8.44.010 Expectoration in public places. Formatted: Font: 10 pt
No person shall expectorate on the floor of any motor bus or other public conveyance or public building, Formatted: Font: 10 pt
or on any sidewalk in the City of Tacoma. Violation is a misdemeanor.
Deleted: Library property.
8.44.020 Reckless burning. Formatted: Font: 10 pt
RCW 9A.48.050 and RCW 9A.48.060, as now enacted or hereinafter amended, are hereby adopted by Formatted: Font: 10 pt
reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as
Formatted: Font: 10 pt
determined by the prosecutor, is excluded.
Formatted: Font: 10 pt
8.44.030 Library – Defacing, or failing to return, books. Formatted: Font: 10 pt
It shall be unlawful to fail to return any book, newspaper, magazine, pamphlet, manuscript, or other Deleted: It shall be unlawful for any
property belonging in or to any public library or any branch, reading room, deposit station, museum, or person intentionally to
institution operated in connection therewith, for a period exceeding 30 days after the mailing to the
Deleted: damage, deface, cut, mark or
borrower's address, on file with said library, of a notice in writing to return the same, given after the destroy any property
expiration of the time which, by the rules of such institution, such article or other property may be kept;
which notice so mailed shall bear on its face a copy of this section. Violation is a misdemeanor. Deleted: belonging to or deposited in
... [57]
Deleted: any branch, reading room,[58]
...
8.44.040 Library – Taking books without permission. Deleted: or institution operated in [59]
...
It shall be unlawful to take: without the permission of the librarian or an assistant; by making use of a
Formatted: Font: 10 pt
borrower's card belonging to another without the permission of the owner thereof and the librarian or an
assistant, or by color or aid of any fraud or false representation, impersonation or pretense, or by any Formatted: Font: 10 pt
false token, or writing, or by any device or trick, from any public library, or any branch, reading room, Formatted: Font: 10 pt
deposit station, museum or institution operated in connection therewith, any property belonging therein
Formatted: Font: 10 pt
or thereto. Violation is a misdemeanor.
Formatted: Font: 10 pt
Formatted: Font: 10 pt
Formatted: Font: 10 pt
8.44.056 Throwing of rocks – Damage or injury.
It shall be unlawful for any person to throw, place, or cause to be thrown or placed, or to aid and abet the Formatted: Font: 10 pt
throwing or placing in, into, over or onto any public place, rocks, broken glass, bottles, containers, tacks, Deleted: 8.44.050 Library – Penalty
... [60]
nails, garbage, rubbish, offal, discarded matter or any other article, object or thing that damages or may Formatted: Font: 10 pt
damage or tend to damage any property, building, vehicle or other thing of value belonging to or under
Formatted: Font: 10 pt
the control and care of the City of Tacoma, County of Pierce, Metropolitan Park District or other political
subdivision of the State of Washington, or that injures or may injure or tend to injure any person, animal Formatted: Font: 10 pt
or living thing upon said property. Violation is a gross misdemeanor. Formatted: Font: 10 pt
Deleted: provisions of Sections ... [61]
8.44.060 Monuments and survey markers.
It shall be unlawful for any person or persons within the city limits of the City of Tacoma to remove, Deleted: hereof shall be punished by a
... [62]
change, pull up or destroy, or in any manner interfere with any monument, stake, post or peg established Deleted: $300.00, or by imprisonment
... [63]
or set by the City Engineer of the City of Tacoma, or by any of his assistants in the performance of his or
Deleted: period of not more than... [64]
90
their duties as such engineer or assistant; provided, however, that this section shall not apply to any
contractor who may be obliged to remove such monument, stake, post, or peg in the performance of his Deleted: and imprisonment.
contract, provided said contractor shall first notify the City Engineer of the necessity for such removal Formatted: Font: 10 pt
and obtain permission from him so to do. Violation is a misdemeanor.
Formatted: Font: 10 pt
8.44.065 Trespassing on posted public property. Formatted: Font: 10 pt
Any person who shall go upon the premises or land owned by, under the control and care of, or in the Formatted: Font: 10 pt
possession of, the City of Tacoma, County of Pierce, Metropolitan Park District or other political Formatted: Font: 10 pt
subdivision of the State of Washington, with intent to vex the owner or occupant thereof or to commit
Formatted: Font: 10 pt
any unlawful act, or shall willfully go on or remain in or upon said premises or land after having been
warned by the owner or occupant thereof, occupant's agent, or a security or peace officer not to enter Formatted: Font: 10 pt
therein or not to remain thereon, shall be guilty of a misdemeanor. The City, County, Metropolitan Park Formatted: Font: 10 pt
District or other political subdivision of the State of Washington shall be deemed to have given sufficient
Formatted: Font: 10 pt
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Ord12370-JKHlad
Formatted ... [65]
warning against trespassing within the meaning of this section, after having posted in a conspicuous Formatted ... [66]
manner upon or near the boundary of each side of any unenclosed lot or parcel of land, or near the
entrance to any building, dwelling house or premises, a sign or signs legibly printed or painted in the Formatted ... [67]
English language, substantially as follows: "WARNING – PUBLIC PROPERTY – NO Formatted ... [68]
TRESPASSING." Formatted ... [69]
Formatted ... [70]
8.44.070 Official signs and notices.
It shall be unlawful for any person to efface, destroy or remove any official sign or notice which has been Formatted ... [71]
posted by authority of the City of Tacoma in any public place or upon any building or other structure Formatted ... [72]
within the City by its officers or agents while the warning of such signs and notices shall be in force;
Formatted ... [73]
provided that this chapter shall not apply to any sign or notice posted under any health or quarantine
ordinance or regulation. Violation is a misdemeanor. Formatted ... [74]
Formatted ... [75]
8.44.075 Political signs and notices. Formatted ... [76]
It shall be unlawful for any person to efface, destroy or remove any bona fide political sign from its
location within the City of Tacoma during the period preceding a political election; provided, however, Formatted ... [77]
this shall not impair the right of a person or owner in lawful occupancy of real property from removing Formatted ... [78]
any political sign placed without his or her consent upon his or her property or upon property over which Formatted ... [79]
he or she asserts dominion and control. Violation is a misdemeanor.
Formatted ... [80]
8.44.090 Railroad tracks – Obstructing. Formatted ... [81]
It shall be unlawful for any person or persons to willfully place or cause to be placed upon or adjacent to Formatted ... [82]
the track or between the rails of any street railway company or any railroad company operating street cars
Deleted: Damage to public buildings.
or railroad trains in the City of Tacoma any obstacle whatever. Violation is a misdemeanor.
Formatted ... [83]
8.44.100 Utilities property – Light plant. Formatted ... [84]
It is unlawful for any person to, in any manner, injure, mutilate, destroy, remove, disconnect, or in any Deleted: ¶ ... [85]
wise interfere, or tamper with, any of the machinery, poles, wires, meters, lamps, or other appliances
belonging to, or in any manner connected with, the Light and Power Plant of the City of Tacoma. Formatted ... [86]
Violation is a gross misdemeanor. Deleted: maliciously remove, damage,
... [87]
Deleted: building, or building used [88]
... for
8.44.110 Utilities property – Reward.
Deleted: charitable or religious ... [89]
The Director of Utilities is hereby authorized to offer, and the proper officers of the City are authorized
to pay, a reward of $10.00 out of the Light Fund to any person who shall furnish information to the Deleted: ornamental thing located [90]
...
Director which shall result in the conviction of any person for the violation of Section 8.44.100; Formatted ... [91]
provided, that not more than one reward shall be paid in any one case.
Deleted: Bomb threats prohibited.
8.44.120 Utilities property – Water main bridges. Formatted ... [92]
It is unlawful for any person to walk upon or use as a passageway any bridge or structure erected for the Formatted ... [93]
maintenance of sewer or water pipes in the City of Tacoma, or to molest, destroy, or in any manner
Formatted ... [94]
interfere with, any gate or barrier connected thereto. Violation is a misdemeanor.
Formatted ... [95]
8.44.130 Malicious mischief in the Third Degree. RCW 9A.48.090, as now enacted or hereinafter Deleted: 8.44.150 Violation – ... [96]
amended, is hereby adopted by reference as if fully set forth herein, including penalties; except that Formatted ... [97]
conduct constituting a felony, as determined by the prosecutor, is excluded.
Formatted ... [98]
8.44.140 Malicious mischief—“Physical damage” defined. Formatted ... [99]
RCW 9A.48.100, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set Deleted: chapter shall be deemed guilty
... [100]
forth herein.
Deleted: and, upon conviction thereof,
... [101]
. Deleted: fine of not more than $500.00,
... [102]
Deleted: the Pierce County Jail... [103]
for a
Deleted: six months, or by both such
... [104]
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Ord12370-JKHlad
Page 4: [1] Deleted 7/15/2009 9:34:00 AM
obtain any food, lodging, or accommodation in any
Page 4: [2] Deleted 7/15/2009 9:34:00 AM
hotel, apartment house, restaurant, cafe, boarding or
Page 4: [3] Deleted 7/15/2009 9:34:00 AM
lodging house without paying therefor.
Page 4: [4] Deleted 7/15/2009 9:37:00 AM
Any person who, without the consent of the
Page 4: [5] Deleted 7/15/2009 9:37:00 AM
seller, willfully takes possession of any goods, wares,
Page 4: [6] Deleted 7/15/2009 9:37:00 AM
or merchandise of the value of less than $250 (such
Page 4: [7] Deleted 7/15/2009 9:37:00 AM
being the property of another) offered for sale by any
Page 4: [8] Deleted 7/15/2009 9:37:00 AM
wholesale or retail store or other mercantile
Page 4: [9] Deleted 7/15/2009 9:37:00 AM
establishment with the intention of converting such
Page 4: [10] Deleted 7/15/2009 9:37:00 AM
goods, wares, or merchandise to his or her own use
Page 4: [11] Deleted 7/15/2009 9:37:00 AM
without having paid the purchase price thereof.
Page 4: [12] Deleted 7/15/2009 9:38:00 AM
Any person who, with the intent to defraud the
Page 4: [13] Deleted 7/15/2009 9:38:00 AM
owner or operator thereof, obtains transportation
Page 4: [14] Deleted 7/15/2009 9:38:00 AM
from a taxicab or City bus without paying therefor.
Page 6: [15] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [16] Formatted Unknown
Font: 10 pt
Page 6: [17] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [17] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [18] Deleted 7/15/2009 10:32:00 AM
Fraud in obtaining cable
Page 6: [18] Deleted 7/15/2009 10:32:00 AM
television services.
It is unlawful for any person to intentionally and
Page 6: [19] Deleted 7/15/2009 10:32:00 AM
knowingly obtain broadcast signals from a cable
Page 6: [19] Deleted 7/15/2009 10:32:00 AM
antenna television system by making any connection
Page 6: [19] Deleted 7/15/2009 10:32:00 AM
by wire to the cable, except from the wall outlet to
Page 6: [19] Deleted 7/15/2009 10:32:00 AM
the set, and to make the connection without the
Page 6: [19] Deleted 7/15/2009 10:32:00 AM
consent of the operator of the system in order to
Page 6: [19] Deleted 7/15/2009 10:32:00 AM
avoid payment to the operator.
Page 6: [20] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [21] Formatted Unknown
Font: 10 pt
Page 6: [22] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [23] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [23] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [24] Deleted 7/15/2009 10:33:00 AM
Any person violating any of the provisions of this
Page 6: [25] Formatted Unknown
Font: 10 pt
Page 6: [26] Deleted 7/15/2009 10:33:00 AM
chapter shall be guilty of a misdemeanor and, upon
Page 6: [26] Deleted 7/15/2009 10:33:00 AM
conviction thereof, shall be punished by a fine not
Page 6: [26] Deleted 7/15/2009 10:33:00 AM
exceeding $500.00, or by imprisonment in the Pierce
Page 6: [26] Deleted 7/15/2009 10:33:00 AM
County Jail for a period not exceeding six months, or
Page 6: [26] Deleted 7/15/2009 10:33:00 AM
by both such fine and imprisonment.
Page 6: [27] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [28] Formatted Unknown
Font: 10 pt
Page 6: [29] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [30] Formatted Unknown
Font: 10 pt
Page 6: [31] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [32] Formatted Unknown
Font: 10 pt
Page 6: [33] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [33] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [33] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [34] Formatted Unknown
Font: 10 pt
Page 6: [35] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
Page 6: [36] Formatted Unknown
Font: 10 pt
Page 6: [37] Formatted 8/4/2009 2:51:00 PM
Font: 10 pt
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belonging to or deposited in any public library, or
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any branch, reading room, deposit station, museum,
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or institution operated in connection therewith.
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8.44.050 Library – Penalty for violation of Sections 8.44.020 - 8.44.040.
Any person convicted of a violation of any of the
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provisions of Sections 8.44.020 through 8.44.040
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hereof shall be punished by a fine of not more than
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$300.00, or by imprisonment in the county jail for a
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period of not more than 90 days, or by both such fine
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It is unlawful for any person to wilfully or
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maliciously remove, damage, or destroy any public
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building, or building used for educational, scientific,
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charitable or religious purposes, or any useful or
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ornamental thing located therein.
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8.44.150 Violation – Penalties.
Any person or persons violating the provisions of this
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chapter shall be deemed guilty of a misdemeanor
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and, upon conviction thereof, shall be punished by a
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fine of not more than $500.00, or imprisonment in
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the Pierce County Jail for a period of not more than
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six months, or by both such fine and imprisonment